32 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) Here, there are more than one act, each of which constitutes the same crime. Accordingly, the perpetrator will be punished according to the number of acts by resorting to actual concurrence. However, if the perpetrator repeatedly fails to comply with the measures taken for the same quarantine zone, the principle of uniqueness of the act arises and a single crime is committed. If there is a single act in the legal sense, the penalty of the perpetrator shall not be increased according to the provisions of successive offences.145 In the event that the perpetrator infects others due to not following the measures taken by the competent authorities, the provisions on intentional injury146 (TPC Art. 86- 88) are applied if the perpetrator acted intentionally, and the provisions on negligent injury (TPC Art. 89) are applied if the perpetrator violated the measures by not showing the necessary caution and attention although they did not act with the intention of making another person sick.147 In this case, since it is not possible to apply the subsidiary norm to the act in cases where the primary norm exists (in accordance with the principle of subsidiarity of the subsidiary norm)148, Article 195 of the TPC cannot be applied.149 On the other hand, when the measures taken within the scope of Article 195 of the TPC are violated by using force or threat against a public official, the perpetrator will be held responsible for the offence of resisting a public official to prevent them from performing their duties, which is punishable by imprisonment from six months to three years, in accordance with the first paragraph of Article 265 of the TPC150 titled “ resistance to prevent the performance of duty”. It is not possible to commit the offence referred to in Article 265 of the TPC with the behaviour of “passive resistance” and the perpetrator must have used “force or threat”.151 The victim of the crime of resistance to prevent the performance of duty must be a public official. A public official is defined in Article 6/1-c of the TPC as “a person who participates in the 145 Kangal, p. 446; Önok, p. 178. 146 Çakmut, p. 550; Bayzit, p. 889. 147 Kangal, p. 447; in terms of injuring, See also. Çakmut, p. 550. 148 Demirbaş, p. 525-526. 149 Kangal, p. 447. 150 See also Yaşar/Gökcan/Artuç, p. 6038; Çakmut, p. 548; Kangal, p. 442; Hafızoğulları/Özen, Genel Hükümler, p. 213. 151 Önok, p. 178.
RkJQdWJsaXNoZXIy MTQ3OTE1